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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS

 

DIVISION 20

APPLICATION METHODS

833-020-0011

Applications

(1) Application for licensure as a professional counselor and marriage and family therapist must be submitted to the Board and be on forms provided by the Board.

(2) Application for licensure must include gender, date of birth, social security number, practice and residence addresses; similar licenses held in other states, and history of professional discipline, litigation, and criminal involvement and be accompanied by:

(a) The non-refundable application fee;

(b) Official transcript sent to the Board from the college or university and supporting documentation as necessary showing education requirements have been met;

(c) Documentation to prove experience requirements have been met or request for registration as an intern with a proposed plan to obtain required experience;

(d) Verification that approved examination has been passed, or state examination is being requested;

(e) Proposed professional disclosure statement for review and approval; and

(f) Criminal history information as specified in OAR 833-120-0021.

(3) Applicants will be allowed one year from Board  receipt of an application to file a completed application which documents that the applicant meets the educational and experience qualifications for licensure.

(4) Failure to withdraw the application or complete the process within the allowed time will result in closure of the file. An incomplete application includes but is not limited to an application in which

(a) Required information or original signatures are not provided;

(b) Required forms are not submitted;

(c) No fee or an insufficient fee is received.

(5) The Board retains the right to extend the one year period to complete application.

(6) Applicants who submit complete documentation but are not approved for registration, examination, or licensure will be notified in writing that the application is being denied and state the reason(s) for denial.

(7) To be reconsidered for licensure, applicants who failed to become licensed, who were refused licensure, who withdrew from consideration, or interns who have allowed their registration to expire will be required to file a new application, fee, and resubmit all documentation necessary to meet the standards for licensure in effect at the time of reapplication. Applicants reapplying must fulfill any deficiencies that are the result of changes to requirements that may have been implemented between former and current application.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 1-2011, f. 1-13-11, cert. ef. 2-1-11

833-020-0021

Methods of Application

(1) Applications for licensure must indicate one of the following methods.

(a) Intern registration;

(b) Direct;

(c) Reciprocity;

(d) Re-licensure; or

(e) Reapplication; or

(f) Counselor educator.

(2) Applicants may request permission to change their method of application or license requested without re-application if they do so within the year allowed to complete application.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 1-2012. f. 4-23-12, cert. ef. 5-15-12

833-020-0031

Intern Registration Method

(1) The intern registration method is required for applicants who seek acceptance of post-degree supervised clinical experience completed in Oregon after June 30, 2002. The intern registration method requires applicant to obtain Board approval of a proposed plan for completing required hours of supervised clinical experience. No less than 1,000 hours of supervised clinical experience must be completed under an approved plan.

(2) Applicants approved for registration as an intern who maintain registration status and meet the conditions for annual renewal will be allowed five years to complete the experience requirements, as specified in OAR 833 division 50, to be approved for licensure or for examination. Failure to meet the experience requirements for licensure within five years will result in expiration of registration and closure of the application file.

(3) The intern may petition the Board to allow renewal for up to one year of registration beyond the maximum five years if he/she can show good cause for such extension.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10

833-020-0041

Direct Method

(1) The direct method is required for applicants who seek acceptance of supervised clinical experience completed in another jurisdiction or in Oregon before June 30, 2002.

(2) The direct method requires the applicant to document no less than the total minimum number of supervised clinical experience hours required for licensure, all of which must have been completed prior to the date of application for licensure.

(3) Supervised clinical experience hours must include no less than 480 post-degree client contact hours completed within 60 months immediately prior to the application for licensure.

(4) Applicants seeking licensure as a professional counselor must meet the requirements specified in OAR 833, division 30.

(5) Applicants seeking licensure as a marriage and family therapist must meet the requirements specified in OAR 833, division 40.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10

833-020-0051

Reciprocity Method

(1) The reciprocity method is for applicants who seek acceptance of education and supervised clinical experience previously used to obtain a comparable license in another jurisdiction. The reciprocity method requires the applicant to document that the education and experience requirements under which the applicant obtained a comparable license held in another state are equivalent to the standards required for Oregon licensure as a professional counselor or as a marriage and family therapist.

(2) The Board will review each application designating the reciprocity method to determine if licensing is appropriate. The Board will compare the minimum standards in effect in the other jurisdiction when it granted a license with the current education, clinical experience, and examination standards required for Oregon licensure.

(3) Application for licensure must be submitted to the Board office in accordance with OAR 833-020-0011.

(4) The application must also include verification of from the sending state that applicant:

(a) Has a current, active license in that state;

(b) The license is comparable to the Oregon license requested;

(c) Applicant’s license from other state is not temporary, probationary, expired, revoked, or suspended;

(d) The applicant has not been disciplined, including a reprimand or letter of concern; and

(e) Documentation of the education, clinical experience, and examination requirements for licensure in that state at the time licensure was granted.

(5) The applicant’s license in the other state must have:

(a) Required at least a graduate degree in counseling, a graduate degree in marriage and family therapy, or a related degree. A related degree must have systemic coursework for a license as a marriage and family therapist;

(b) Been issued to an applicant whose qualifying degree meets Majority Standards for Graduate Degrees specified in OAR 833 Division 60;

(c) Required passage of a state or national competency exam; and

(d) Been obtained by a method of application that involved state review of documentation of education and clinical experience under adopted standards, and not obtained through reciprocity; act of portability; mutual recognition; recognition of non-governmental, professional certification or membership; waiver of any of the education, experience, or examination requirements; or "grandparenting".

(6) Five years or more of licensed clinical experience in another state may substitute for a maximum of 15 semester or 20 quarter credits of academic education required for licensure. Clinical experience may not substitute for diagnosis training.

(7) Completed supervised clinical experience performing direct client counseling or marriage and family therapy, which must have included no less than:

(a) At least 2,000 hours in at least two years or the equivalent for licensed professional counselor;

(A) A minimum of 1,000 hours of the required 2,000 must be direct client contact;

(B) A maximum of 1,000 hours of the required 2,000 may be from supervision, consulting, reporting.

(b) At least 2,000 hours earned in at least 3 years must be in the presence of a client for licensed marriage and family therapist.

(c) For those who apply on or after January 2, 2014, at least 2,000 hours earned in at least two years or the equivalent must be in the presence of a client for licensed marriage and family therapist.

(8) Five or more years of post license clinical experience may substitute for 1,000 hours of the required, supervised direct client contact hours required for Oregon licensure.

(9) The applicant must meet the examination requirements specified in:

(a) 833-020-0081 and 833-030-0041 for licensure as a professional counselor; or

(b) 833-020-0081 and 833-040-0041 for licensure as a marriage and family therapist.

(10) Documentation of acceptance on the national credentials registry for professional counselors may substitute for education and experience requirements for licensure as a professional counselor.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10; BLPCT 1-2011, f. 1-13-11, cert. ef. 2-1-11; BLPCT 1-2013, f. 1-11-13, cert. ef. 2-1-13; BLPCT 1-2014, f. & cert. ef. 1-8-14

833-020-0061

Re-Licensure Method

(1) The re-licensure method is required for applicants who have previously been licensed by the Board. The re-licensure method requires the applicant, as a previous Board licensee, to request a new license with a new license number, but without documenting further supervised clinical experience.

(2) To be considered for re-licensure, licensees whose licenses have been expired for less than two years from last date of renewal must file:

(a) An application for re-licensure, using forms provided by the Board that must include a sworn statement that there is no reason for denial, including that applicant:

(A) Has not been subject to any disciplinary action by a professional mental health licensing or certification agency; and

(B) Has not been convicted of a crime related to practice within the mental health field.

(b) Payment of the current application fee plus one current annual renewal fee;

(c) Updated professional disclosure statement, statement that the applicant is not currently practicing professional counseling or marriage and family therapy, or request for waiver of the professional disclosure statement; and

(d) Report listing 20 hours of continuing education meeting the standards set forth in OAR 833-080-0011, completed within one year prior to the date the Board will receive the new application or within the year allowed for application to be completed.

(3) To be considered for re-licensure, licensees whose licenses have been expired for two or more years from last date of renewal must file:

(a) A new application, using forms provided by the Board, to show compliance with the standards in effect at the time the Board will receive this new application;

(b) The application fee;

(c) Proposed professional disclosure statement, statement that applicant is not currently practicing professional counseling or marriage and family therapy, or request for waiver of the professional disclosure statement; and

(d) Request for examination or proof of passage of a competency examination acceptable to the Board which was passed within 10 years of date of new application.

(4) All applicants for re-licensure must successfully pass the current law and rules section of the state examination.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10

833-020-0071

Reapplication

Former applicants who reapply for licensure may transfer previously filed documents to the new application file if the documents have not been destroyed under state records retention schedules and are still in the possession of the Board.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10

833-020-0075

Counselor Educator Method

(1) The counselor educator application method is for those who seek acceptance of graduate level teaching to meet education requirements for licensure.

(2) Application for licensure must be submitted to the board office in accordance with OAR chapter 833, division 20 by December 31, 2014.

(3) The application must include documentation that the applicant meets the following requirements:

(a) Teaches graduate level classes that meet coursework required for Oregon licensing as a professional counselor or marriage and family therapist, as specified in OAR 833-060-0012 and 833-060-0022;

(A) At an Oregon university accredited by a national counselor or marriage and family therapy program or regional accreditation body; and

(B) Full time, for at least 3 years.

(b) Holds a masters or doctorate degree in

(A) Counseling;

(B) Counseling rehabilitation;

(C) Counselor education and supervision;

(D) Marriage and family therapy;

(E) Psychology; or

(F) Other closely related field as approved by the Board.

(c) Teaches at least 100 clock hours of clinically related courses within one year after applying for license and before license is granted.

(d) Clinically related courses include:

(A) Treatment planning;

(B) Practicum; and

(C) Supervising graduate students in internship.

(e) Has a minimum of 100 hours supervising graduate students, interns registered with the board, licensed professional counselors, or marriage and family therapists. Supervision hours must have been accumulated in no less than 2 years and no more than 5 years.

(f) Certification as a supervisor by a national counseling or marriage and family therapy organization may substitute for supervising experience.

(g) Earned at least 2,000 hours of supervised clinical experience or equivalent:

(A) Acquired in a minimum of 3 years; and

(B) The supervisor met supervision requirements specified in OAR 833-030-0031 or 833-040-0031.

(4) Applicant must pass a board-approved national exam and Oregon law and rules exam as specified in OAR 833-020-0085.

(5) Applicant must provide a letter of recommendation or support for licensing from the employing university graduate program director or division attesting to the applicant’s clinical skills and ethical and professional behavior.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2012. f. 4-23-12, cert. ef. 5-15-12; BLPCT 3-2014(Temp), f. 6-11-14, cert. ef. 7-1-14 thru 12-26-14

833-020-0081

Examination

(1) All applicants must pass a competency exam and a law and rules exam approved by the Board.

(2) Applicants who have passed the competency exam within 10 years prior to applying for licensure are not required to retake the exam.

(3) Applicants applying by the reciprocity method who have passed the exam 10 years or more prior to applying for licensure in Oregon must:

(a) Retake the exam; or

(b) Document a minimum of 40 clock hours of continuing education in the core curriculum areas specified in OAR 833, division 60. Continuing education that substitutes for passage of the exam must be completed within two years prior to licensure.

(4) Registered interns may take the competency exam any time during their registered internships.

(5) Failure to document passage of an acceptable competency examination or failure to register and attempt to pass the competency portion of the state examination at least once per year will result in denial of licensure.

(6) Applicants must pass the competency exam within two years after meeting experience requirements for licensure.

(7) Applicants who fail to pass the competency portion of the state exam after taking the exam three times, must:

(a) Complete graduate level coursework in the content areas failed in the exam;

(b) The graduate level coursework must be completed from:

(A) A program accredited by CACREP, CORE, or COAMFTE; or

(B) A regionally accredited college or university;

(c) Re-apply for licensure.

(8) Applicants are allowed 30 days, from the date the board sends the law and rules exam to the applicant, to complete and return the law and rules portion of the state examination. Failure to complete and return the examination to the Board office will result in closure of the application.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11; BLPCT 1-2013, f. 1-11-13, cert. ef. 2-1-13

833-020-0091

Effective and Expiration Dates of Licenses

(1) Initial licenses will be issued for no more than one year, expiring on the last day of licensee’s birth month.

(2) Date of issue will be the date all qualifications for licensure are met.

(3) Licenses will not be issued without payment of the required initial license or renewal fees.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10

833-020-0101

License Renewal/Late Renewal

(1) License may be renewed by paying the renewal fee no more than 45 days before, or during the renewal month accompanied by:

(a) The completed renewal form provided by the Board which will include a sworn statement that there is no reason for denial of renewal;

(b) Continuing education information detailing compliance with the requirements, if applicable;

(c) An updated, professional disclosure statement, if renewal information indicates that the one on file with the Board contain false, incomplete, outdated or misleading information.

(2) A licensee may renew a license in the month following the renewal month by submitting to the Board:

(a) The renewal fee;

(b) A late fee;

(c) The completed renewal form provided by the Board which must include a sworn statement that there is no reason for denial of renewal;

(d) Continuing education information detailing compliance with the requirements, if applicable; and

(e) An updated, professional disclosure statement, if renewal information indicates that the one on file with the Board may contain false, incomplete, outdated or misleading information.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10

833-020-0112

Duplicate Licenses

(1) Duplicate licenses or certificates may be obtained by:

(a) Certifying, by signed statement, that the current license or certificate has been lost or destroyed; or

(b) Requesting a duplicate for additional place(s) of business;

(c) In either case, payment of the required fee.

(2) Reproduction of a license or certificate by anyone other than Board staff for use as a license document or for display is prohibited.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180
Stats. Implemented: ORS 675.785 - 675.835
Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10

833-020-0201

Licensee Professional Disclosure Statement

(1) To be approved by the Board, the professional disclosure statement shall include the information set forth in and required by ORS 675.755 and:

(a) The name, address and telephone number of the business;

(b) Philosophy and approach to counseling or marriage and family therapy, including reference to any codes of standards or ethics to which the licensee subscribes;

(c) A statement indicating adherence to the Oregon Licensing Board's Code of Ethics set forth in OAR chapter 833, division 100;

(d) The bill of rights of clients listed in OAR 833, division 100, Code of Ethics;

(e) Formal education and training, title of highest relevant degree earned, school granting degree, and major coursework;

(f) Oregon licensure requirements for continuing education as well as any significant post-degree work relating to professional practice;

(g) The standard fee for service, including discounted rates or sliding scale and a statement that no fees will be charged and no additional fee will be added to another set fee such as a hospital room daily charge; and

(h) A statement indicating the following: “Additional information about this counselor or therapist is available on the Board’s website: www.oregon.gov/oblpct.”   

(2) The Professional Disclosure Statement must also include the Board’s:

(a) Name;

(b) Address;

(c) Telephone number; and

(d) Email address.

(3) Licensees must provide each client with a professional disclosure statement consistent with the content and in a format as specified in OAR 833-020-0201(1) and (2).

(4) Licensees must make a reasonable effort to assist the client to understand the information presented in the disclosure statement as required by the Code of Ethics.

(5) Exemptions to the professional disclosure statement requirements set forth in ORS 675.755 include:

(a) Applicants for licensure not practicing professional counseling or marriage and family therapy in Oregon, except those seeking registration as an intern;

(b) Licensees not practicing professional counseling or marriage and family therapy in Oregon;

(c) Licensees providing crisis response; and

(d) Licensees who have submitted a written request and can satisfy the Board that there is good cause to be exempt from specific requirements and have received written exemption from the Board.

(6) Prior to providing services, the licensee must furnish each client with a copy of a professional disclosure statement. If the licensee fails to provide the statement, the licensee may not charge the client a fee for services.

(7) Whenever a licensee changes a professional disclosure statement, the new statement must be presented to the Board for approval.

Stat. Auth.: ORS 675.785
Stats. Implemented: ORS 675.755 & 675.785
Hist.: BLPCT 2-2010(Temp), f. 1-8-10, cert. ef. 1-11-10 thru 7-9-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10; BLPCT 2-2012, f. 9-5-12, cert. ef. 10-1-12; BLPCT 3-2012, f. & cert. ef. 10-11-12

833-020-0301

Current Information to Board

(1) All licensees must provide current contact information to the Board, including:

(a) Physical residence address and post office box, if applicable;

(b) Electronic mail address;

(c) Home and work telephone numbers; and

(d) An updated, current Professional Disclosure Statement being provided to clients.

(2) Licensees must inform the Board office in writing of any changes to information within 30 days of the change.

Stat. Auth.: ORS 675.785
Stats. Implemented: ORS 675.755 & 675.785
Hist.: BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10

833-020-0401

Client Records

(1) A licensed professional counselor and licensed marriage family therapist or registered intern must:

(a) Maintain client records for each client;

(b) Ensure that client records are legible;

(c) Keep records in a secure, safe, and retrievable condition; and

(d) Notify the Board if client records have been destroyed or lost.

(2) At a minimum, client records should be recorded concurrently with the services provided and must include:

(a) A formal or informal assessment of the client;

(b) Counseling goals or objectives; and

(c) Progress notes of therapy or counseling sessions.

(3) A licensee must retain client records for at least seven years from the date of the last session with the client.

Stat. Auth.: ORS 675.705 - 675.835
Stats. Implemented: ORS 675.705 - 675.835
Hist.: BLPCT 2-2012, f. 9-5-12, cert. ef. 10-1-12; BLPCT 4-2012, f. 10-24-12, cert. ef. 11-1-12

833-020-0501

Custodian of Record

(1) A licensee or registered intern must:

(a) Arrange for the maintenance of and access to client records that ensure the client’s right to confidentiality and access to records in the event of the death or incapacity of the licensee;

(b) Register with the board the name and contact information of a custodian of record that will have case files and can make necessary referrals if licensee becomes incapacitated or dies; and

(c) Notify the board of changes of the custodian of record.

(2) If the licensee or registered intern is an employee of an organization, the organization may be named as the custodian of record.

(3) The board will not release the name of the custodian of record except in the following cases:

(a) The death or incapacity of the licensee; or

(b) When a client is unable to locate the licensee.

(4) A custodian of record under this rule must be a licensed mental health professional licensed under Oregon law, a licensed medical professional, a health care or mental health organization, an attorney, a school, or a medical records company.

Stat. Auth.: ORS 675.705 - 675.835
Stats. Implemented: ORS 675.705 - 675.835
Hist.: BLPCT 4-2012, f. 10-24-12, cert. ef. 11-1-12

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